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Words: | Submitted: Mon Jun 19 2006
... Proprietary Estoppel. Where a donee fails to provide consideration for a gift, he is usually referred to as a volunteer and cannot therefore acquire any proprietary rights in the gift in equity.2 For this reason if, (for whatever reason), the gift is made imperfectly, or (if under a trust), incompletely transferred, equity will not usually assist such a volunteer to enforce the promise of the gift or perfect the unconstituted trust which is considered the job of the settlor to do if he so intends/wishes the donee to benefit from the gift either inter vivos or after the settlor's death. This rule of equity primarily developed via Turner LJ in the case of MILROY v LORD, when it was stated..... "in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be ...
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